derailment in the bronx, new york. they're still working there. a lot of it is about the federal investigation. the trains have been put on the track, the track is being restored. new questions all about speed. nearly triple the speed limit, that train was going, as it came around the curve where it, of course, went off the track. let's bring in cnn's rene marsh joining from us washington. she has the latest. >> we now know how fast the train was going but we still don't know why. this morning, investigators have more questions for a man who may have the answers. ntsb investigators continue searching for clues this morning and questioning train engineer william rockefeller for a second day in hopes of learning why this metro north train was going so fast. >> from the event recorders, shows that the train was traveling at approximately 82 miles per hour. as it went into a 30 mile-an-hour curve. >> reporter: that's nearly three times the speed limit for this curving stretch of track.

the train's speed is even higher than the maximum speed of 70 miles per hour in the straightaway north of the crash site. deepening the mystery, the ntsb says the train inexplicably when from 60 to 82 miles per hour in two minutes before hitting the curve and jumping the track. >> for a train to be going 82 miles an hour around that curve is just a frightening thought. >> reporter: mechanical problem or human error? it's still too early to tell. investigators say the train made nine stops before jumping the tracks and there were no reports of brake problems. according to a law enforcement official, rockefeller said he tried to brake but the train didn't stop. the 20-year railroad veteran appeared coherent another official said, results of drug and alcohol tests are not yet known. the ntsb will also look at whether fatigue was a factor. >> we will be developing what we

call a 72-hour time line so we have a good understanding of what sort of activities preceded this accident. >> reporter: sources tell cnn rockefeller's phone records have been subpoenaed but based on a preliminary review, it's not believed the engineer was on his phone at the time of the dera derailment that killed four. among them, jim lovell who was commuting to work on sunday morning. >> my dad was not a victim. he was a loving father, great dad, best friend, uncle. i am so proud and blessed that i was able to call him my father. >> reporter: the ntsb says there's no indication of sabotage. they are reviewing surveillance video from a nearby bridge. for more clues on what went wrong. meantime we have live pictures. the work continues today on repairing the tracks and getting life back to normal, along the metro north bus -- metro north line. we should tell you, kate, bus service continues around the accident site today. kate?

>> all right, rene, thanks so much for the update. overseas, vice president biden playing peacemaker during his week-long tour of asia. he's meeting with leaders in japan and china amid a growing rift between the two. biden urged the countries to lower tensions over a dispewed air space. cnn's barbara starr is live at the pentagon with more. how did the u.s. get caught up in this, barbara. >> biden's trip was supposed to be about trade and the economy. now in fact it's all about the chinese military. vice president joe biden with one eye towards a possible 2016 bid is getting the chance to flex his international muscle power in asia. >> the united states has an interest in the lowering of tensions in this vital region. as i believe all the countries in northeast asia share that same interest with us. >> reporter: biden, in crisis manager mode, arrived in tokyo as the region confronts a power

grab by beijing. china declared it now controls a vast portion of the air space over the east china sea and remote islands that both china and japan claim. biden will bluntly ask the chinese leaders their military intentions when he stops in china next. u.s. officials worry china's ultimate aim is a confrontation with japan. >> we, the united states, are deeply concerned. by the attempt to unilaterally change the status quo in the east china sea. this action has raised regional tensions and increased the risk of accidents and miscalculation. >> reporter: china is demanding aircraft flying through the zone file flight plans and maintain radio contact. while some u.s. commercial airliners are complying, u.s. military aircraft will not. and the obama administration is making clear, it rejects china's declaration of the air defense identification zone. >> this is a noaa acceptance of

china's requirements. >> reporter: the u.s. insists it will continue flying military aircraft through the chinese zone and has begun a long-plan deployment of advance p8 reconnaissance aircraft to japan that can carry torpedos, missiles, bombs and mines. the u.s. is already calling on china not to establish yet another restriction zone and biden arrives in beijing on wednesday to talk to chinese leaders about all of this. michaela? >> thank you for that. let's take a look at the other headlines, beginning with breaking news. firefighters are battling a massive eight-alarm fire in boston. it engulfed a five-story commercial building in the innovation district. the building was reportedly being renovated. there are some reports that the fire got so intense, crews were ordered out of the building. no word on whether anyone was inside when the fire broke out. so far, no reports of injuries.

a public health alert in hong kong, the first human case of a new type of bird flu has been reported there after killing dozens in china. the 36-year-old woman visited china last month and had contact with poultry there. hong kong has suspended imports of live poultry from three chinese farms and authorities will visit local farms to ensure quality control. a passionate appeal to president obama from alan gross, a u.s. contractor jailed in cuba for the past four years. in a letter to be delivered to the white house today, gross writes he fears his country has abandoned him and wants the president to personally intervene in his case. gross was sentenced to 15 years for his work with the u.s. program that distributed communications equipment to jewish groups in cuba. the state department called for his immediate release monday. a florida woman recovering this morning after she was attacked by a bear. near her home. the woman told officials she was walking her dog in longwood when the black bear attacked her. the woman got away and was able

to run to a neighbor's house and eventually taken to an area hospital. she was treated for serious injuries. online shoppers you spent a record amount of money on cybermonday. sales are expected to hit the $2 billion mark. overall cybermonday sales were up at least 17.5%. that number could actually shift higher. those mobile devices, yes, you were shopping on your cell, accounted for more than 29% of the online shopping traffic. a huge increase over last year. in the meantime, major retailers like amazon, target and walmart are stretching the cybermonday deals throughout the entire week. that means if you see somebody in their cubicle with their mobile phone out they're probably online shopping. >> you just need to keep believing that they're working. >> yes, exactly. >> don't tell the boss. >> candy crush or walmart. >> it is the new normal. >> it truly is. >> which is why taxes become an issue. we'll talk about that later in the show. indra petersons loves taxes.

>> shopping to taxes, you just took me from here to there. >> she used to work with the irs before getting into weather. >> i'm not listening. just painful right now. let's talk about what's going on in the southeast. still talking about a wave of energy, cloudy, light showers. not a big deal into the southeast. temperatures look at this, they're amazing. we're still talking about temperatures into the 70s through atlanta, especially by tomorrow in through boston, temperatures right where they should, maybe a hint above normal. all of this is going to be changing thanks to a system out west. talk about snow. yes, we're talking about anywhere from wisconsin back through colorado. look at all these winter weather advisories. we know there is a change in store for us out on the east. of course as the system finally makes its way east. for today, 1 to 2 feet of snow, extending farther in through colorado and minnesota. we'll be looking at that as well. you can see the system diving farther south and east. as again, it progresses farther to the east, we'll be talking about not only more chances for snow spreading east but cold

air. these temperatures will really be diving down. the big concern here, of course, will be where it's warm into the southeast. we'll have rain on the backside of that system. we'll still be talking about snow. that's going to be towards the end of the week from new york through texas. it's that middle zone, that transition zone where we have the wintry mix. freezing rain that will be causing problems thursday and friday. this looks to be illinois back again through dallas. a week ago all the travel concerns we've had through dallas when they last time had that freezing rain. the temperatures across the country, the 50s, the south looks good, into the 70s. this is now. as we get to the weekend, that drops significantly down to about a good 30, 40 degrees below normal. >> put it back on the tuesday map. we'll leave it there. >> i don't have backwards. sorry. >> we'll work on that. that's next generation. thanks, indra. coming up on "new day," a big push for obama care being rolled out today as the administration says the problems with the website are seemingly in the past. what's the white house plan?

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welcome back to "new day." is the cure for obama care just some good pr? the white house may think so, because they're launching a three-week campaign that will try to refocus the public on the benefits of obama care. an official tells cnn the president will kick off the effort this afternoon at the white house itself. senior white house correspondent brianna keilar is there with details. what's the pitch, brianna? >> reporter: the pitch, this is what president obama will be addressing today, chris, is

focusing on the good things that obama care, the affordable care act as the administration has gone back to calling it, the positive effects it's had on real americans. there's still a lot of focus on the website. we understood yesterday that the expectation from the administration was 50,000 people would be able to access the site. that would be the capacity at one time. well, it turned out actually yesterday that it was somewhere in the 30,000 to 40,000 range when the website started becoming unavailable to some people. so not quite meeting that goal. we do understand there were 800,000 visits to the website yesterday. so there certainly is a lot of interest. even though the white house or the administration has met this deadline, which has been somewhat vague and was self-imposed, the fact is the website just isn't quite there yet. there's still a lot of work to be done and the white house is acknowledging that. >> i think that we're not done

with the work that needs to be done on that website. but we have, i think, passed an more than milestone when it comes to making it work effectively for the vast majority of users. >> reporter: now, the insurance companies still, at this point, warning that while there may be some front-end issues that are resolved, meaning you go on the website, it's going to be a lot easier to use, there are so-called back-end issues that are still a problem. that means while some people have gone through the enrollment process, think they are insured and have completed the whole process, it may turn out that actually they aren't. insurance companies say they're particularly worry for some people who aren't double checking and making sure that they are insured that what could happen is they maybe get sick sometime in the new year, go to a doctor and find out they're not insured. there's still a lot of problems that need to be resolved at this point. but president obama really trying here today, this afternoon, to try to pitch a

little bit to try to get past some of the bigger problems on the website and remind people about the program instead of just the website. kate and chris? >> we'll see. what impact the new pitch to the public pill have. brianna, thanks so much for that. we'll talk about a major scare for passengers on a phoen phoenix-bound plane now. there are concerns they may have been exposed to tuberculosis after paramedics removed a fellow flyer who reportedly has the disease. how did he get on board in the first place? many passengers are asking that. cnn's casey wian is live in phoenix. he's been looking into the latest in this very scary situation in the sky. casey? >> reporter: good morning, kate. by the time that passenger's doctor notified authorities that he might have tb and by the time those health authorities notified the tsa, the passenger was already on an airplane. needless to say, other passengers very worried. for dean davidson, a routine flight from austin, texas, to

phoenix saturday is now a waiting game after potentially being exposed to tuberculosis on the plane. once his u.s. airways flight landed, the pilot announced there was a health emergency on board and the airline was preparing a gate to accommodate a sick passenger. >> while this was occurring, the flight anded ittant approached us, she had a mask in her hands, to cover your nose with, she approached the man. he was about midcabin i would say, to my left, a window seat, a slightly built man and told him to put the mask on. >> reporter: as emergency personnel waited at the gate, the passenger was escorted off the plane. >> immediately a fireman came aboard. and he said that a person on a no-fly list had somehow managed to get aboard. this person had tuberculosis, that we had been exposed during the entire course of the flight, that we needed to consult with be tested in three months. and -

>> reporter: the centers for disease control and county officials in arizona and texas say the man was put on the no-fly list while his flight was in the air, after his doctor notified authorities that he was suspected of having tb. they're still waiting for definitive test results and say even if the passenger has tb, there's little risk to other passengers because the flight was short and reportedly he was not coughing. still, davidson says he's frustrated and worried about i what he calls a lack of information from health officials and u.s. airways. >> the maricopa county health department says at this point they're not recommending that anybody needs to get tested? >> really. >> does that surprise you. >> it really surprises me. it's the first i've heard this. >> reporter: if all this sounds familiar, you may remember the case of andrew speaker who in 2007 caused an international uproar when he flew to europe, then canada, despite the fact that he'd been diagnosed with a drug-resistant strain of tb.

in this case, health officials say they're more concerned than passengers on that flight may have been exposed to the flu rather than the slight chance that they may have contracted tb. chris and kate? >> casey, thanks so much for that. coming up on "new day," the new way to deal in washington. accused other side of lying too much. a republican senator says the white house has taken lying to a whole new level. is that fair? we'll discuss in "political gut check." then tragedy off the coast of hawaii. a fisherman attacked and killed by a shark. the number of attacks there is rising sharply. so what's behind the increase? and what would this pretty i'm thinking the ford fusion... ho, ho, ho!....the what? i need a car that's stylish and fashionable...

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welcome become to "new day." now that the health care website is working for the majority of users, the obama administration is launching a three-week push to remind americans about the benefits of obama care. can they change the conversation around the president's signature domestic achievement? and also this, a senior republican senator is calling out the white house and this is how. listen. >> i think the current administration has taken lying to a new level. >> let's talk about all of it with john avalon, cnn political analyst and executive editor of the daily beast. let's talk about john cornyn in just a second. i want to get your take on the new push by the white house. three weeks, every day they'll have a new message, coming from the white house or somewhere

else, touting the benefits of the law. they did this leading up to the launch of the law. we know what happened. is this going to work? what are they going to accomplish? >> this is the obama care advent calendar. this morning, someone mailed one to burman and it's good. we'll stick with it. one of the fascinating facts about the signature law, it's been terribly explained from the get-go. it's been a communications failure and a lot of folks have fixated on the negative, essentially the republicans have won that spin war. here's an attempt to start making a positive case. best day would have been three months ago, three years ago, this is probably better than nothing. this is defense, make no mistake about it. >> polls have shown he's taken a hit. the spin war has been winning against him. i guess it only makes sense that he fights that spin warhead on. >> people don't know what's in the bill. that's a failure of the administration. you have to try to correct it. otherwise you're defined by your enemies. that's always a losing strategy.

>> john cornyn, he was trying the benghazi controversy to obama care and talking about how the white house has taking lying to a whole new level. this comes on the heels of him tweeting after the interim deal with iran was announced. amazing that the white house -- what the white house will do to distract attention from obama care. >> man, i mean, that was -- >> he's known to be critical but -- >> here's the thing. john cornyn is essentially a reasonable guy. he runs the senatorial committee. the tea party has criticized him intensely. this statement is outrageous for two reasons. lying to a whole new level? it's not that he's admitting that the president lies and people in washington lie. that's not a news flash.

to show no historical memory, elevate for partisan purposes the obama administration of the worst lying in presidential history is ignorant, it's offensive talking down to the american people. second thing is this, for republicans right now, if they're trying to win a republican primary, they're rewarded for being responsible. you throw red meat. saying things like they are taking lying to a whole new level or saying an iran deal is distracting from obama care. what's sad is he thinks they're politically important to protect his right flank in a primary. >> ironically, they'll hurt him in the primary. >> i don't you think? >> the more you whip up the anger on the fringe of that party the more it's going to work against cornyn. he's seen as a moderate, somebody who doesn't embrace the tea party values to their satisfaction. the more he makes that the level of play, the more it will hurt him. >> he's trying to inoculate himself, see, i can be just as inflammatory as you, as unhinged

as you, i am one of you. at that point -- >> republicans have been doing this for all of the cycles since the tea party came about and before. >> that's exactly right. it is a profound point. usually when you're aspiring to higher office, especially the presidency, you're rewarded for being responsible. we're in a cycle where you think the smart thing is to be irresponsible and inflammatory, that's revealing and really, really pathetic and sad and dangerous. >> he did use the right word. i think it's funny that he didn't say lying is wrong. he said they took it to a new level which reflects his perspective being down there in d.c. he also used a word that i think is important here when he was discussing whether or not -- what we're doing, what our focus is, distraction is the word he used. that's the perfect word. because they are completely distracted by obama care. it's a problem. they have to fix it. they're not working on the fix, they're working on the distraction. they're not working on debt, the

debt ceiling, immigration. they're working on this one little fight. it's out of convenience for both sides. the democrats going on a three-week campaign tour for obama care instead of just dealing with the hard legislative work they need to do down there right now? >> i'll take that trade. to avoid a shutdown -- >> i'll take the trade. i'll take the trade. i'll take obama care if i'm a democrat down there in washington, i take the problems with obama care over negotiating with you as a republican about the debt ceiling. i take it. i think i'm on better ground. you know why in the health care system as it exists in this country, as anybody knows, stinks. if you can't be better than that with obama care, you're going to get out thereof anyway. >> but if everything is a negative cycle, all politics is simply about attacking the other guy and not figuring out a way to -- >> what breaks the cycle? >> better ideas. you and i will be running, i'll be doing this game, you'll have have an idea that resonates with

the voters. you're going to win. >> in the miamiry. >> maybe not in the primary in certain places. >> one more election will break the fever of partisanship and get things done when you give my team unified control. >> we can fix it all if we have everything. >> we have a shutdown looming, folks. let's not forget that. we have a deadline, otherwise we're going through all of this again. >> bah humbug, john. >> the voters usually end up coming to the right place. that's what usually saves it. it's usually the people that wind up turning these things around. you'll see it. >> thanks. great to see you. >> john avlon. we should get a picture of john's head on the grinch. >> i'm the grinch?

>> no. >> i'll give you martha may. >> michaela. let's take a look at the headlines. our headlines start with a live look at the scene of sunday's deadly train derailment in new york. you can see the train cars have been removed, crews are working to piece the track back together now. we have learned that the train was going 82 miles an hour as it came off the tracks. almost three times the 30 mile-an-hour limit for the curve where the train derailed. officials also say the engineer slammed on the brakes just seconds before the accident. vice president joe biden walking a fine line during his trip to asia. he'll meet with japan's prime minister today before heading to china tomorrow. biden is trying to calm tensions between rival nations after beijing announced an air defense zone over disputed islands in the east china sea. he said if tensions escalate, the u.s. will follow treaty obligations and back japan. newly released surveillance video shows the moment "fast & furious" star paul walker's

porsche slammed into a tree and burst into flames. that video was taken from a building across the parking lot. paul walker and roger rodas was killed. rodas was behind the wheel. their autopsies are set to take place today. an historic decision today from a federal judge on whether to allow the largest municipal bankruptcy filing in u.s. history, the city of detroit facing an estimated $18 billion in debt. if it is allowed to stay in bankruptcy, the decision could affect pensions, city services and health care for residents. we want to end on a cute and cuddly note. jay darden shared his close encounter with a manatee over thanksgiving weekend. it hugged his leg as he was tickling the sea cow's belly. a hug, a snuggle. he was in the crystal river near tampa that allows swimmers to

touch manatees this was all condoned. he's like, thanks, fellow, i'll hug your leg. >> manatee therapy, let's bring it to the nation's capital. >> don't you think? >> let's take senators down there. don't you think? >> images playing out in my head. >> you can stand there be and hugged. maybe they need to be hugged. >> hug it out, right. >> hug it out, d.c. >> some of the man tears being choked back. >> i'm going to make a t-shirt that says "hug it out, d.c." >> i feel bad for the manatee. >> you might have something there. >> okay. coming up next on "new day," a man's fishing trip takes a deadly turn monday. he was attacked and killed by a shark after the coast of hawaii. we have the details behind that fatal encount. while sicybermonday was the bigging shopping day ever, that's what they tell us, the

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welcome back. let's go "around the world" starting in damascus. the top u.n. human rights official is linking bashar al assad to war crimes there. cnn's fred pleitgen has more. >> reporter: they are saying there's evidence of war crimes

and crimes against humanity by the syrian regime and that responsibility goes all the way up to the office of president assad. the syrian government reacted saying they give no credibility whatsoever to what the u.n. is saying and that the human rights chief has talked, quote, nonsense in the poast. they say that rebels have committed war crimes as well. kate? >> fred, thank you for that. a public health alert in hong kong this morning. the first human case of a new type of bird flu is being reported there after it killed dozens in neighboring china. pauline chao has the story. >> reporter: here in hong kong, authorities are on high alert after confirming the first human case of h7f9 case. she recently slaughtered and ate a chicken in the mainland chinese city of shengxen.

human infections of the this strain of bird flu emerged in shanghai this year. back to you, kate. >> it's a killing that shocked britain and the world. two men now on trial for killing a soldier with knives and a machete. cnn's aaron mclaughlin has the latest from london. >> reporter: what promises to be another emotional day here at court. two men are on trial for the murder of soldier lee rigby, prosecutors say the men targeted him with their car and hacked him to death in broad daylight to the horror of londoners nearby. yesterday, witness testimony brought his wife to tears. we expect to hear more from those who say they were there when it happened, including a truck driver who says he stopped to protect rigby's body. both men have pleaded not guilty. back to you, kate. >> all right. thank you for that. all right, story to tell you

about now, man is fishing in a kayak after the coast of hawaii and winds up being attacked and killed by a shark. this is the latest of recent attacks in the state by sharks. zoraida sambolin joins us with this story. a terrible ending to what should have been a great day. >> absolutely. so many of these stories. over the last 20 years, hawaii averaged four unprovoked shark incidents per year. this deadly encounter is one of 13 incidents in hawaii this year along. >> i was shocked. >> reporter: terror after a fisherman is killed by a shark. >> we realized something was wrong. >> reporter: the victim, 57-year-old patrick briny was dangling his foot off the side of a kayak at makena landing. the shark virtually ripped it off.

a friend paddled over and tried to save him. >> he applied a tourniquet on the leg that was wounded. >> reporter: frantic witnesses flagged down a tour boat to rush briny back to shore. officials say briny died on the way to the hospital. what's truly frightening, this is the 13th shark attack reported in hawaii just this year alone. 86 those attacks happened in maui. hawaii has traditionally averaged four shark attacks per year. there was only one recorded in 2008 and none in 1998. researchers at 9 university thef hawaii have launched a two-year study to get to the bottom of why these attacks are surging. >> we're just closing the beach, monitoring, making sure everybody stays out of the water, keep it safe for the community. >> i think you realize if anything, there are dangers, you know. there's a reason to be careful

out there. >> the victim here patrick briny was from washington. a retired boeing engineer. he was on vacation in maui. his family says he loved the outdoors, fishing and wind surfing and that he died doing what he loved to do. >> i am all about -- >> the worry about this, that's an area where a lot of people do snorkeling and diving. they tell everybody to stay out of water until they figure this out. it's a two-year investigation to figure out what's going on with the sharks in that area. >> when you're out there and you take part in water sports in the ocean, you know there is some amount of risk but you never think it's going to end like that. >> it does seem the more you mix with wildlife, the more you encounter each other. sad for his family. thanks for telling us this story. let's go back to weather and get a check from indra. >> all of this will start to change as a big system in the pacific northwest will finally make its way east.

you can tell maybe light showers, a piece of energy making its way through the southeast today. overall, they are loving the weather. they are not complaining. look at the temperatures. there's a reason for this. we are talking about 70s in atlanta by tomorrow. look how above normal that is. same thing with new york city, just a hint above normal. by thursday, a good 10 degrees above normal, getting close to the 60s. enjoy all of this because look at the weather out west. i mean, talk about some snow here from wisconsin all the way back even in through california. we're talking about winter weather advisories. thanks to the system that is dumping, yes, snow and a ton of it. 1 to 2 feet of snow around denver as the system sags farther to the south, even through minnesota. we'll still talking about the system spreading in. the low making its way south. yes to the east. as this guy makes its way east, we're not going to be talking about snow moving east but also the chill. these temperatures, this is what we call antarctic blast for a reason. it feels like you're in the

arctic when temperatures are 40 degrees below normal as the system makes its way through. the other thing you want to look at especially as it makes its way through thursday and friday, back in through texas, a big story, especially travel concerns for the end of the week. new orleans 77 degrees in new york 50, atlanta, 62. a lot of happy campers for two days. looks good. >> fine with us. >> we'll take two days. >> thanks, indra. coming up on "new day," we all knew this was going to happen. shopping online got too good. the next thing will be taxes. there it is on the bottom of your screen. should it happen? the supreme court did us a favor, stayed out of it. so far. but we'll take on the question for you. retailers, whether or not they should take taxes from us. a camera set up to record crocodiles is swiped but not by somebody who had a lot of teeth. somebody with wings. we'll show you or unexpected

thief in our "must see moment," coming up. >> remember the go pro on the eagle? before using her new bank of america credit card, which rewards her for responsibly managing her card balance. before receiving $25 toward her balance each quarter for making more than her minimum payment on time each month. tracey got the bankamericard better balance rewards credit card, which fits nicely with everything else in life she has to balance. that's the benefit of responsibility. apply online or visit a bank of america near you.

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♪ money money money money welcome back to "new day." you're probably sitting back surveying all the damage you did on cybermonday. keep this in mind. next year it could be harder on the credit card. the supreme court has turned down a challenge to a new york

law that requires online retailers like amazon to collect sales tax from customers in the state. so how will this decision affect online sales in other states? we put the question to our chief business correspondent christine romans to explain. let's break it down. who wins, who loses? >> i think consumers are the big loser here, quite frankly. thing that got us addicted to online shopping, there were no state taxes. over the years states have started putting taxes on the purchases you make more and more states, now because the supreme court is not going to get involved you could next year see a lot more people paying online tax, taxes online for their purchases. the consensus among the people who have been involved in this battle is, you know, higher taxes are coming for a lot of people right now. >> how much money are we talking about here? >> billions. $23 billion of uncollected state taxes on these purchases. if you live in new york state, like cuomo does, you do, you are already seeing this. if you buy something on amazon.com, you're seeing the

state tax. a lower court ruled, yes, you had to pay the state taxes. supreme court refused to get involved. those taxes hold. now will the rest of the states start to decide, you know, we're emboldened, we're going to try to go after more of the taxes. >> the law has been store on this. it started with sport books, betting online. they went back to the 1960s communication acts to find wiretapping and stuff, ways to get their hand on it. this has been happening to are a while, as the internet is creating commerce, government wants a slice. >> right. it's a big slice. it is a really big slice. brick and mortar and online retailers are merging. look at something like amazon, they have 34 mufulfillment cents across the country. i think what it could mean for new york and it has been, some of the big online retailers are going to make sure they're not creating jobs in new york. they want to continue to argue we don't have a physical presence in new york.

>> i live here, if i'm buying fishing equipment in tennessee and shipping it to someone else, it's all of these cross state laws. >> everyone says it's messy, maybe congress should fix this. oh, wait, congress, ha ha. >> what's the argument against the tax? what is the compelling argument against it? because you see why states want more money and brick and mortar stores say they're at a disadvantage if an online retailers offer the same product. >> they don't want to pay it. they're not going to the store. they're sitting down and buying something that could be coming from anywhere. who's going to be the tax collector for where it was purchased and where it came from? >> that's what amazon says, right. >> they don't want to be new york state's tax collector or anybody else's tax collector. there are rules on the books that technically we should be paying some sales tax depend on what you're buying. at the end of the year i'm not

sitting down and figuring out what i bought where. >> your accountant will tell you differently. my accountant has sat down and waived the finger. >> really? >> absolutely. >> admissions of felonies aside -- >> the fact she wants me to get -- if we're shopping online, she says we have to pay those taxes. >> she's waiving her finger at you and you responded by saying i account for all of this. >> it's messy, very messy. what they were hoping that the supreme court would clear it up. the supreme court did not clear it up. >> i'm happy they stayed out of it. >> you are? why? >> i think you have to let the states figure this out, let them deal with the taxation. >> it's messy. >> don't bring the supreme court into something like this. in all likelihood, the types of decisions they bring down on this just will introduce the possibility of it and now you have a whole second step again of figuring out how to do what the court says you can do when you know you can do it. figure out the best way, the

least onerous for the consumer. >> bottom line, more taxes are coming. >> romans doesn't like it. >> how do you put that on a bumper sticker? >> the dollar bill is behind your head. she was giving me the side eye. she didn't like it. >> let's go to the "must see moment." a camera mysteriously disappearing after park rangers set it up. they were trying to watch crocodiles in southwestern australia. now they know who took it. six months later they found out a sea eagle snatched it up, flew it 70 miles away. what's kind of intriguing, though, when the bird yanked it up from its perch, flies across the gorge, you can hear them, what is this? he stamps on it with his paw. in the future, the researchers say they'll bolt these cameras down so this doesn't happen again. it grew wings. >> he says he didn't take it, he found it. >> right.

>> and two, turns out he didn't pay tax on the camera and he's working for the state. >> are you representing the sea eagle? >> he's working for the state, the irs, the long tallon of the law. coming up on "new day," we're seeing new video of the moment the porsche carrying paul walker crashed. this is part of the investigation to find out why exactly this happened. there's new information about what led up to that impact. we'll tell you about it. and seismic in seattle. football fans going so wild over a touchdown their cheering registered as an earthquake. scary or awesome? >> i was in the stadium. across america people are taking charge

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so seattle seahawks football fans are known as the loudest in the nfl. they set a decibel record in september of this year. touchdown was so loud, they stomped so hard at the game last night it registered as an earthquake. no joke. andy shoals hcholes has more in morning's "bleacher report." >> at the university of washington they have a size mommer it. the fans went so crazy, it registered as an earthquake. seattle knocks the ball out of drew brees' hands. bennett takes it 22 yards in for the touchdown. the fans go absolutely nuts. they had plenty to cheer about in this game, seattle dominated the saints, 34-7. the miami dolphins have announced that richie incognito will continue to be suspended with pay. yesterday was the dolphins

deadline to release him or keep him on the roster. the nfl is still investigating allegations that incognito harassed jonathan martin. the golfer jason dufner really wants to watch the championship game against missouri. only problem he's playing in tiger woods golf tournament. he took to twitter and tweeted i petition the event to play 36 holes thursday and friday so i can watch my beloved auburn play for the s.e.c. championship. tiger's response, petition denied. looks like dufner will need two caddies. one to carry his clubs, one to carry a giant tv. >> i love him for his passion for the sport, for golf, not

football. >> i like the dear mr. tiger woods part of the tweet. >> sucking up works. >> dear mr. chris cuomo. >> petition denied. good for tiger. we're now at the top of the hour which means it's time for the top news. >> when i heard about the speed, i gulped. it sort of takes your breath away. >> out of control, the train that derailed in new york was traveling close to three times the speed limit. we'll look at what new evidence could mean. >> new this hour, final moments, video of the crash that killed paul walker and new details in the investigation as his co-star vin diesel speaks to morning fans. rise of the drones, growing questions this morning, can amazon deliver packages with a fleet of drones? what are the dangers? the experts weighing in this morning. >> your "new day" starts right now. >> announcer: what you need to

know -- >> we, the united states, are deeply concerned by the attempt to unilaterally change the status quo in the east china sea. >> announcer: what you just have to see -- >> this house measures 201.8 cubic feet and a new guinness world record. this is "new day" with chris cuomo, kate bolduan and michaela pereira. good morning. welcome to "new day," it's tuesday, december 3rd, 7:00 in the east. we'll have new information for you about the train crash in just a minute. first, a look at what happened overnight. vice president biden meeting with officials in japan today as the standoff over those islands in the east china sea heats up. china declared control of the disputed islands and their air space. biden urged both japan and china to take measures to lower tensions. officials say if that doesn't happen, the u.s. is bound by treaty to defend japan. updating you on breaking news we've been following.

local media now reporting firefighters have that massive eight-alarm fire in boston under control. just look at this video. in a matter of minutes it engulfed a five-story brick building in south boston. windows on the first three floors were reportedly blown out. a local station reports fire crews were able to get the upper hand in about an hour. the building was under renovation and everyone, thankfully, inside escaped without injury. and can detroit proceed with its record bankruptcy? they face an estimated $18 billion in debt. officials say reducing that is the only way to fight years of blight and violent crime. there are controversial reductions, including pensions and the sale of city assets. this is the largest bankruptcy case in u.s. history. new this morning, a stunning number. 82. that's how fast the metro north train was going when it jumped

the tracks in the bronx killing four, injuring many others. the speed limit on that section of track was 70 miles an hour. going to 30 miles an hour around the curve. it was going 82 miles an hour when it was supposed to be going 30. the ntsb found more. the brakes were applied just seconds before the train left the rails. the throttle also disengaged late in the process, leading many to wonder if this is mechanical failure or operator error? mary sciavo was involved in train derailment investigations, she joins us now. thank you very much. what's your initial take on the numbers? >> the numbers are startling. shocking and inexcusable. the question is why were they so high? why was the train traveling 12 miles over the speed limit even before it entered the dangerous curve. it certainly looks like operator error but there could be other reasons why the train was going over speed. >> let's talk about it.

if i'm the operator and the train is supposed to be going 70 and it's going 82, is that completely unusual? and unacceptable or does this happen sometimes? >> well, you know, sometimes it happens intentionally. sometimes you're pushing the envelope, trying to make up for a late schedule, et cetera. but in this case, you know, is it excusable? no. the speed limit was 70. the speed limits are there for a purpose because that's the maximum safe speed on the track and the track speeds vary, along a stretch of rail you might have differing speeds that the engineer has to adjust for. there's no excuse for it being overspeed. the question is why, operator inattention, intentional. the black box will hold the answer. >> if the question becomes to discretion, i haven't heard anything, maybe you have, about whether or not the operator was communicating with anyone about the speed of the train being excessive, the brakes not working when he tried them.

that's very important information. ordinarily would an operator be communicating that kind of distress? >> yes. and the ntsb has seized the cell phone. they have the cell phone of the operator. and they have also noted that the train made several stops before the accident and the brakes were working fine. and there were no problems reported. so it's highly suspicious that all of a sudden, of course, the train would go 12 miles over the 70 mile per hour speed limit and that the brakes would be applied and throttle released just six seconds before the train finally stopped. that's almost a crash sequence. six seconds, count 1 one thousand, 2 one thousand, up to six. that's the sequence of the crash. six seconds before everything stopped is when they are saying it was applied. that's way too late. >> the cell phone records, i understand. isn't there a radio. wouldn't there be a record of more direct communication, hey, i'm going too fast, hey, the

brakes aren't working? >> yes, there is. there's ample ways to communicate, not just cell phones. they seized the cell phone to see if the operator was doing something other than run the train. which has been very common in other crashes. yes, you can communicate both with a company and through switching, et cetera, with radio telephone communications. >> bottom line when you see this collection of data that we have so far, you believe while there's no conclusion yet, it is pointing to not the train being inherronly safe or unsafe but that something was done with the operation of the train. >> well, statistically speaking based on how other accident investigations have turned out, yes. often it points to operator error when you have overspeed on a curve condition, other accidents of similar situations have been operational error. >> you make an important point about prior stops and the train operating in those conditions versus what happened here. now we get to the big question. other than why, it then gets to well, how do you fix this going forward? you've mentioned something called smart track.

tell us what it is. tell us why it wasn't here. tell us what it would take to make it everywhere. >> there's actually a system called different things in different countries. we have different systems here, positive train control. it was made the law -- trains were supposed to have that installed by next year. but very few do. amtrak on the northeast corridor from d.c. to boston has it. a few others do. but it's a system where the track actually communicates with the train. and it makes if you will, sort of a bubble around the train. it makes it impossible for the train to overspeed because it's governed by the commuter and the communications with the track and you also can't have a collision with the train because it will give you the distance. it will tell you, itlerrally by communicating with both equipment on the track and by satellite. the catch is, it's very expensive and a lot of the train companies don't own the track over which they travel. >> but lives are priceless as we know. the question becomes -- >> absolutely. >> what needs to happen?

you're saying the train companies or operators don't have control over the track. it could be federal, it could be state. how complicated is this to get to the next level? i know boston has it. is an incident like this a wa wakeup call? >> we do a cost benefit analysis in the federal government on this very kind of thing. how much does it cost to fix versus the cost of lives. what may happen is technology may help us. there are now systems that rely on gps and satellite information more so than intensive equipment on the tracks. that would help in those situations where the passengers trains travel over tracks that are privately owned by other companies. it will take congress ordered it and in many cases, there are financial incentives, tax incentives, et cetera, cost sharing with the government that might have to happen. but it will take congress ordering the trains to complete this, because the honor, the trust and obey system has

resulted in amtrak and a few others. it needs to go on passenger trains first. the bullet train in japan has this and that's why they can achieve speeds of 200 miles an hour. >> mary schiavo, thank you very much. the information. >> thank you. >> if you are in a train accident what steps can you take to be as safe as possible? something as simple as choosing the best seat could make all the difference. cnn's chris lawrence is in washington with more on that. what have you learned, chris? >> we'll tell you what a national safety expert tells his own children before they get on a train. window or aisle seat doesn't matter. but what car you pick on a train could make a big difference. a regional train flying around curves at twice the speed limit in spain. >> everyone was just covered in their own blood and occasionally the blood of others. >> reporter: or one washington,

d.c. subway plowing into another. and now a new york commuter train hurdling off the tracks. the crashes can have a number of causes. the one thing passengers can control, where they sit. a seat is safer than standing. and it matters which car you choose. take it from an expert, a former manager at the ntsb. >> usually when i ride the trains i try not to sit in the first car, not to sit in the last car. >> reporter: peter says the middle car gives you the best odds of being protected, if the train smashes into something or gets rear ended by another train. >> if there's going to be an accident, the first and last cars often take the brunt of the force. >> reporter: predicting derailments is harder. regional trains can travel 100 miles per hour but often have to slow down to 30 around certain curves. if they don't or if there's a problem on the track, it can cause a devastating crash like metro north. >> three of the people who died

were thrown out of the car. >> reporter: that's got people wondering why trains don't have seat belts. the government just made them mandatory for newly built buses. >> one of the things we'll be looking at during the investigation would be what contribution seat belts might have made to the survivability. >> reporter: but using buses as a basis? it may come down to money. the government rejecting making old buses install seat belts because it would cost $40,000 per vehicle. peter goles told me there wasn't enough data supporting doing it on trains. implementing that, he called it, would be darn near impossible. there are cases where it may be better to sit facing the back of the train. he says a lot of train accidents happen when the train is trying to sharply brake and decelerate.

if you're face with your back it the front of the train, if those cases instead of being thrust forward you'd be pressed back into your seat. >> fascinating thought. we were talking about the issue of seat belts. thanks for that, chris. it seems to me, if the investigation shows seat belts would have saved lives on trains, you don't put a price on that. >> you hope that's where everybody is. that's one of the surprising things that mary schiavo told us. the idea they do cost benefit analysis on whether or not the price and lives or the risk of safety is worth the initial exposure -- expenditure. that's something to discuss. a lot of people get motion sickness. >> a lot of people do. >> fascinating take by chris. that's information you need. >> government, seems like they spend money on just about everything. they don't budget the way corporations or families do. yet they take it into consideration. >> we'll check back in on that, obviously. let's get over to indra and the

forecast. how's it looking. >> there will be a big change. i'll start off with that. so you know what is coming. notice how warm it is into the southeast. notice the chill. this is saturday, though. i just wanted you to see how quickly all this arctic air dives to the south and spreads to the east. let's talk about what we've seen, plenty of snow, michigan, jackson hole, wyoming. there is more of this on the way as it sags to the south and spreads farther to the east today. let's take a look at what we're expecting as far as snow totals. 1 to 2 feet of snow, same old hot spots from montana in through minnesota. today through colorado you'll start to see a lot of that heavy snow. 1 to 2 feet additional snow is still possible. there's the old air we showed you. you know this guy will be making its way south. you'll be seeing is the rain and snow start to spread. the big thing you want to watch is where do you have the wintry mix where you get all the problems. it looks like the system by

about thursday or friday so you have time. illinois back in through texas again, we could be seeing freezing rain. that's something we'll be monitoring. updating this as a system makes its way east here over the next couple of days. >> look at this, loving it, 70s in atlanta. boston, instead of 46, 53. everyone is happy for the next two, three days, it looks good and then it gets really cold on the weekend where no one wants to go outside. >> stop right there. thanks, indra. >> sure. coming up on "new day," the latest into the investigation of the death of actor paul walker. investigators have new video they're watching. they're working with it, trying to figure out. and also, what co-star vin diesel had to say to walker's fans. and drones for deliveries? is it safe? is it hype?

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♪ special delivery delivery >> all righty. welcome back to "new day." amazon's plan to make deliveries by drone is facing mixed reaction. i guess we could say. many people wondering if it's safe, let alone feasible. is it being overhyped or is this the future? jason parr, aerospace correspondent for wired. you wrote about this yesterday and you asked this question, how much is reality and how much is hype? what do you think.

>> everybody accepts the idea this is a big pr move for amazon. it's coming on the busiest shopping day for them, cybermonday. there is the capability technologywise to be able to do this today, even. the regulations are a long ways off. the regulations they're even talking about unmanned vehicles for the next five years, the ones that mr. bezos mentioned are more about ones that are piloted. these are supposedly autonomous vehicles. these are far off. >> is it practical? is this the way we're going in the future? it seems excite for some, even though there's some privacy and safety risks. >> it's feasible, obviously mr. bezos is a better businessman than me. whether or not it's going to be practical and makes money is yet to be seen. i think it's beginning to be a long, long ways off before autonomous, completely unpiloted vehicles are able to move through cities and deliver packages. it's not even on the horizon yet. >> really? you think it's that far off?

>> right now what they're talking about as far as the rules and regulations, they all mention they'll be the piloted version. one person will be sitting somewhere and flying one of these vehicles. when you look through the faa's road map they released last month, there isn't a mention of the autonomous vehicles that would be programmed to fly to an address, for instance. >> government is not going to make it easy, no question about that. when i think about it, i think he's already won, bezos. i think -- i don't know if the right analogy is steve jobs or not, but by imagining this, putting that idea out there, putting a model to it, having it flying around, i feel like he's establishing himself as the new big idea guy in that space. is that fair, whether or not it's realistic. >> yes, to some extent. that's one of the things i wrote, amazon is the first to put together a nice video showing how this could work. whether or not that's imagining it first, there have been a lot of companies talking about doing

this. droughns are being used to deliver medicines and other thing ms. some places. i don't know if i'd go so far he's the first to imagine such a program but he's the first to get the conversation going as far as retail deliveries go. this is the company that convinced the u.s. postal service to do deliveries on sundays. they do have some sway. >> re-imagine. i see what you're saying. but you're right, it's been -- farmers are using it. they've been used in military operations and aid. where else do you think -- let's be futuristic, kate's theme here. where else could you see these unmanned vehicles taking off? maybe here in america. >> they're being used as you mentioned for a lot of places. cnn and other news organizations use them to do photographs and shoot video. i think in the near term we're looking at more rural, less populated areas they may be using them. the first commercially certified drones are already being used up in alaska. they were certified by the faa

this summer and they're being used to do science surveys. >> these are not places that have skyscrapers and a lot of -- in theory, there's not a lot of other aerospace clutter, if you will. that's a big deal. it would never work in manhattan, for example. >> well, i guess i would never say never. the truth is technologically speaking they could fly one of these things from downtown to midtown to your offices here today. >> look at cars. they can tell you when to stop, how fast, when to move. >> that's true, never say never. >> the technology greatly exceeds their ability. >> how about flying in inclimate weather? could the flying ha batibachi, wasn wanted to take off -- >> i raise you one. thieves.

there's a $40,000 drone. i'll shoot it out of the sky. >> they're doing research right now to use drones to carry explosives for avalanche control in the mountains. >> that would be fascinating. >> when it's so foggy or the weather is so bad you can't send people out for avalanches for highways, for instance -- >> genius. >> you could program it to travel up at noon and drop an explosive for avalanche control. whether or not this can be done safely so they're not going to fall down on people, hit building, lamp poles and whatever else. >> dreaming big, attaching it to the brand, is this a strong move for bezos? >> yes. >> think about what it did for apple. >> great to meet you. thanks, jason. let us know what you think. what would you use a drone for?

tweet us at #newday. >> nice to carry it with me in the morning. coming up on "new day," dramatic new video has been released of paul walker's car accident. we're learning more details about the hours before the fatal crash as well. we'll give them to you. for retailers, black friday as not so good. cybermonday, that was good. what will that mean for prices heading into the holiday season? we'll examine it. moking but chantix helped me do it. i told my doctor i think i'm... i'm ready. [ male announcer ] along with support, chantix (varenicline) is proven to help people quit smoking. it reduces the urge to smoke. i knew that i could smoke for the first 7 days. i knew that i wasn't putting nicotine back into my body to try to quit. [ male announcer ] some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. if you notice any of these, stop chantix and call your doctor right away.

tell your doctor about any history of mental health problems, which could get worse while taking chantix. don't take chantix if you've had a serious allergic or skin reaction to it. if you develop these, stop chantix and see your doctor right away as some can be life-threatening. tell your doctor if you have a history of heart or blood vessel problems, or if you develop new or worse symptoms. get medical help right away if you have symptoms of a heart attack or stroke. use caution when driving or operating machinery. common side effects include nausea, trouble sleeping and unusual dreams. if i could describe being a nonsmoker, i would say "awesome." [ male announcer ] ask your doctor if chantix is right for you. and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what?

welcome back to "new day." let's take a look at the stories making headlines. startling new information in the derailment of a new york commuter train, federal investigators say the metro north train was going 82 miles an hour through a sharp curve. that has a 30 mile-an-hour speed limit. officials say they've subpoenaed the train engineer's cell phone records. that accident killed four and injured dozens more. vice president biden in crisis mode, trying to calm tensions in asia today, he is meeting with japan's prime minister, tomorrow, he'll head to china. the two countries have been squabbling over an area of the east china sea, beijing declaring much of it to be chin in's air defense zone. u.s. officials are afraid of a possible military confrontation if those tensions escalate. an update to the baby elaina case out of ohio. the toddler's mother and mother's exboyfriend have been indicted for murder. the ex faces evidence tampering

and other charges. 18-month-old eleina steinfurth's remains were found in the exboyfrie exboyfriend's garage in september. the singer was discussing america's history with slavery and made a statement about serbians being able to, quote, sense croatian blood. feast your eyes on this, please. it is the biggest gingerbread house ever. that according to the guinness book of world records. it's in bryant, texas. home builders, bakers and artists got together and donated their time to build it. admission proceeds will go to a charity local hospital that benefits a charity. -- pardon me, benefits a hospital. if you were to eat the entire house, my producer miguel and i

did this together, counted this out, you'd have to burn off 36 million calories. >> can you eat the house? >> you cannot. it is actually framed with wood. >> you can eat portions of the house. >> yes. >> the outside of the house. if somebody were to huff and puff, i think it would with stand a good fight. >> or a good rainstorm. >> that's a soggy mess right there. >> that house is targeted for vandalism. i'm telling you that right now. they'll steal the candies off the sides. >> get me a glass of milk, i'm in. >> they won the record. >> they did. they have great photos out of it. >> the guy with the british voice, it's a new record. paul walker did not die in an illegal street race. that's what police said monday, saying a second car was not involved. the situation does seem swede related. new video shows how explosive the crash became. cnn's nischelle turner is here with us.

the video is tough to watch. >> yes, seemingly showing the moment of impact of the crash. while l.a. county sheriff's department continues their investigation, friends, family and others continue to mourn. possibly the cause of death of one of the film's stars. investigators say they believe the fiery crash that killed paul walker and a friend on saturday involved a single speeding car. his "fast & furious" co-star, vin diesel visited the crash site monday night. he addressed a crowd gathered at the memorial. >> thank you for coming down here and showing that angel up in heaven how much you appreciated him. >> reporter: omg insider obtained this surveillance video showing the moment the porsche carrera gt, driven by roger rodas, slammed into a light

pole. >> we have confirmed two doa. >> reporter: the crash may have been the result of a street race, that was confirmed not to be the case. >> when they hit it a little bit, you can hear the exhaust, there's only one car. >> reporter: the pavement where the crash occurred is scorched with skidmarks, though it's unclear if those were left by the car walker was riding in. and law enforcement sources say the oval-like street has a reputation for being popular with fast drivers. walker himself spoke about the type of dangerous driving depicted in the "fast & furious" back in 2001. >> nothing would be worse than a 120 mile-an-hour blowout on a surface street with pedestrians lining up and down. it's common sense. it's not worth the risk factor. >> i have a baby on a ventilator. >> reporter: walker's new movie "hours" will open as planned on

december 13th. he had been working on the seventh installment of the "fast & furious" series at the time of his death. the future of that film now in question. but this ominous scene has been leaked online, showing walker at a funeral. walker leaves behind a devoted fan base, friends and close-knit family. his dad says they are overcome with grief. >> as a father, that's a fear you always have, that one of your children will go before you. >> i will tell you early on sources close to paul walker were telling me they did not believe in any way, shape or form that street racing was a factor in this crash. they said that paul who was a race car driver, they said his motto was always cars are men to the race on the track, not on the street. i also spoke with a representative for him yesterday that says they are still working out plans for a memorial, meantime, the l.a. coroner's office says autopsies on paul

walker and robert rodas will be done later on today. >> they'll have to figure it out, obviously, all that really matters for the family is that he's gone. >> that video, you're right, is hard to see. the moment of impact. >> they had -- there had to be a factor of speed just because of the nature of that explosion. but you don't know if there was something with the car. this was a high-end car. >> $450,000 custom built porsche. >> basically a race car. >> yes. you heard the guy say when they passed us, when they gunned it. >> that car was built eight years ago. it only had 3,200 miles on the odometer. they drove it about 200 miles a year. >> it was owned by a guy who was in the business of taking care of high-end cars. >> exactly. >> thank you. >> sure. a man fishing in a kayak off the coast of hawaii was attacked and killed by a shark on monday. this is the latest in a string of recent shark attacks in the

state. "early start" anchor zoraida sambolin has more. >> reporter: this deadly encounter is one of 13 shark incidents in hawaii this year alone. >> i was very sad. we were very shocked. >> reporter: terror after a fisherman is killed by a shark. >> we realized something was wrong. >> reporter: the victim, 57-year-old patrick briny was dangling his foot off the side of a kayak at makena landing. the shark virtually ripped it off. a friend of briny's who was fishing in a kayak some 500 yards away paddled over and tried to save him. >> he applied a tourniquet on the leg that was wounded. >> reporter: frantic witnesses flagged down a tour boat to rush briny back to shore. officials say briny died on the way to the hospital. what's truly frightening, this is the 13th shark attack reported in hawaii just this year alone.

eight of those attacks happened in maui. to put that into perspective, hawaii has traditionally averaged four shark attacks per year. there was only one recorded in 2008 and none in 1998. researchers at the university of hawaii have launched a two-year study to get to the bottom of why these attacks are surging. >> we have signs about one mile each way on the stretch from makena landing to the reserve. we're just closing the beach, monitoring, making sure everybody stays out of the water, keep it safe for the community. >> i think as divers, you realize, if anything, there are dangers, you know, there's a reason to be careful out there. >> the victim here patrick briny was from washington. a retired boeing engineer. he was on vacation in maui. his family says he loved the outdoors, fishing and wind surfing and that he died doing what he loved to do. back to you. >> zoraida, thank you. coming up next on "new day,"

archie comic's co-ceo accused of using choice words to explain her white employees. what will brick and mortar stores do about cybermonday? we have information and it is all good for you. i have low testosterone. there, i said it. see, i knew testosterone could affect sex drive, but not energy or even my mood. that's when i talked with my doctor. he gave me some blood tests... showed it was low t. that's it. it was a number. [ male announcer ] today, men with low t have androgel 1.62% testosterone gel.

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this awesomeness. let's go over to indr. she has the weather forecast for you. look at that beautiful picture. >> am i the awesomeness or is it the photo. >> you are the awesomeness. the picture behind you pales. >> the entire grand canyon completely filled with fog. you might want to go why, how? keep in mind, normally when you go up a mountain it gets colder. it was so cold overnight, 19 degrees in the area, it was actually colder below the surface. cold air at the surface, warm air above causes what we call an inversion. all you need to know, it looks like this. this is what they saw right after thanksgiving last friday and on sunday they saw it again. beautiful out there. a little change for us today. we'll be talking about warm air for a couple more days into the southeast and mild conditions into the northeast. once again, i am jumping you from today's highs to the weekend. check out saturday. notice that difference. look at these 30s and 20s as we

talk about the cold air diving down. let's talk about where is the source? where is this coming from? the same system diving farther to the south and eventually it will be spreading east. when that happens, the cold air behind the cold front it will be going with it. until then, a lot of snow. 1 it 2 feet of snow, minnesota all the way even back through california, we are talking about heavy snow, biggest change today from yesterday, we'll see it dipping farther south in through the denver area, 1 to 2 feet of snow, the higher elevations north of denver. there's the cold air picture, making its way to the east. thursday, friday, the toughest spot will be illinois back in through texas, looking for the threat of a wintry mix. maybe freezing rain. that will be a trouble spot. otherwise rain and snow spreading to the east. enjoy it. it all changes this weekend. >> thank you, indra. archie comics, home of jug head, archie, betty, veronica.

now involved in a messy lawsuit. here's why. the ceo is involved in a lawsuit. the ceo says the case should be thrown out because white males, not part of a protected class. let's bring in cnn legal analyst, criminal defense attorney, mr. danny savalas. yes or no? >> yes. all of us are members of a protective class. that's why i'm confused by this court filing. the bottom line is this, you can hire and fire people for any reason in the world unless -- it's a big unless, unless based on a membership in a protected class. white males are a member of a class just as any other race and gender and any other religion. it's not that you have to be a historically disadvantaged member of the class but you are treated differently because of your membership in a particular class. >> isn't harassment harassment. you don't have to be a protected

class member to be harassed? >> no, not at all. that has to be based on, for example, in this case, based on gender. you were subjected to a hostile environment, a pervasive environment. remember, the courts will not find hostile environment where it's just a random conversation or if it's just flirtation. they identify the difference between a one-time comment and a pervasive environment. they will say, as in this case, because someone has used the "p" word, is that what we'll call it? >> yes. >> it is a gender specific epithet. >> it is. >> i would feel like that's a gender-based epithet. that tends to lean the other way. each of these is a different case. >> even if she cannot win the argument on the protected class argument she's making, do you think that they, the group of employees, male employees, can win their argument? >> great question. let's say that they are a member of a protected class. the next question is does this -- is this hostile action,

does it rise to the level of hostile environment? >> right. >> because like i said before, whether it's same-sex horseplay or it's just some idle comments here and there, some flirting. courts will hold that that does not rise to the level of hostile environment. the law is not intended to guarantee a fair or perfectly comfortable workplace. we all know that intuitively. the real question is does it rise to the high standard of pervasive. >> that's subjective. >> each of these cases is a case-by-case analysis. >> this whole story if you do a little bit of digging, it doesn't take much, it's a hot mess. this lawsuit notwithstanding. she's accused another male colleague of sexual harassment. there's been a lawsuit and there's been infighting among the two. how much will all of that bad environment, the lawsuits -- >> a lot. it will be the determining factor. the class issue goes to the form of the lawsuit so that each of them doesn't have to make their

own case. once any kind of finder of fact starts hearing, danny, about what's been going on at the company, the obvious tension, the ceo, the surviving spouse of the man who was the ceo, i think it's going to turn into something else. >> it is. it's a high burden to meet. they have to show these actions were because they were white males or because they were members in a class. these cases are tough to win. tough to win. >> how do the comics play into this? >> don't shout that at me all the time. >> it's unfair. >> i promise we will not use that word to refer to you. >> we have the "p" word, even though it's an anatomical word. >> we have a new word i can't say? who knew. >> soon our whole show will be the "d" ward, the "a" word, the "m" word. >> watch when you talk to your kids. don't kick him in the, you know, with the thing that you just had

there. >> a whole other thing is happening right here. thanks, danny. >> you'll get my papers in the mail. >> thank you, sir. coming up next on "new day," cybermonday was hot. black friday, not so much. so is what's bad for retailers good for you? let's hope so. the sales could get even bigger, people. >> to go with the phrase, everything's bigger in texas, that includes the christmas lights. why are residents of one texas town saying they didn't get their money's worth? we'll tell you. as your life changes, fidelity is there for your personal economy, helping you readjust along the way, refocus as careers change and kids head off to college, and revisit your investments as retirement gets closer. wherever you are today, fidelity's guidance can help you fine-tune your personal economy. start today with a free one-on-one review of your retirement plan.

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what happens when taxes and government and christmas collide? this is what happens. neighborhood in texas had a holiday lighting display. not everyone is feeling the spirit, though. here is why. $25,000 for this project. residents say it was a waste of taxpayer money. officials say only $11,000 of the $25,000 was spent on lights, the majority on security. he adds that fund-raising is under way so as little taxpayer money will be used as possible next year. what do you think? did they get their $25,000 worth? >> it's a little sad. >> or $11,000 worth? did they get their $14,000 worth of security?

>> i don't know about that. if you look around any neighborhood in america there's always one guy who is like lighting up the town. >> in my small town we had one house every year that lit it up. very bad at the christmas light job when i was younger. >> i've gotten increasingly into it. >> how do you -- you live in an apartment. >> i do and it's really weird on the outside of that bad boy. and i'm up there doing -- >> crane or a drone? >> i'm into it. i have a santa who does the -- >> of course, you do. >> it's like the gopher on "caddy shack" that i love. that means it's time to move on. it's money time. online shoppers were out in force. you're actually out in force on a cyber monday. early indicators suggest that u.s. online sales for the holiday will hit a $2 billion mark. those record sales followed lackluster black friday spending. could this mean retailers will start cutting prices?

basically, what does it mean for you? is it good for you or bad for you? >> chris will get another one of those bad basses later on in the season. cyber monday, we're calling it mobile monday now. 30% of the sales were done on the phone. remember where it was about coming to work because that's where the faster internet connection was? >> that was the point. >> the point of cyber monday it was faster to do the shopping at work on the work computer. now you're doing it on your phone topping $2 billion. this is now a real event. for a lot of years i said this was made up by the retail industry. and it was. cyber monday was fake. only now it's real $2 billion is real money and a third of it on a phone. >> it's so crazy it's done on a mobile phone. i'm going back to the drone because i'm blown away. black friday a little

lackluster. does it mean through december we'll see a lot of good deals? >> i think so. cyber monday was very good for technology. kindles, you had some tvs, awful lot of game consoles were sold, toys. that was the big seller yesterday. it's interesting you point out during the black friday frenzy, that was the average person spent less than a year ago that. never happens. people were acting like it was a recession. what do i mean by that? they were careful, cautious. it took them a deep discount to pull the trigger and i think that's going to mean that stuff on those shelves right now will be cheaper later on in the year. >> i want people to spend more. don't you want people to spend more? this is where retailers make their money. >> not if they don't have the money. if you don't have the money and you're spending more, that's not good for anybody. >> i hear that. >> all these factors come into play and then they change based on one another. i hear that inventory is down.

>> yep. >> sellers, vendors aren't selling as much, they're not ordering as much because they're anticipating lower demand. the reason people are acting like it's a recession is because it is. a lot of people are still incredibly hard hit, not getting the hours, the disposable income. they don't have the money and they're having to be responsible. >> retailers know this, too, there are two americas. tiffany sales, great, wonderful. look at everything else, consumer is worried about jobs and really worried about washington and what is next year going to look like for their taxes and everything? the only thing going for consumers right now are gas prices. but we need better job creation and consumers are being very picky and smart. the retailers had to spend millions and millions of dollars and really expand the hype all the way to thursday of thanksgiving and before to get you to spend less money. isn't that interesting? they really had to pull out all

the stops so in the end people spent less money. cyber monday was very good. tech deals were very good. i think you'll see more sales as the weeks go on. >> keep your eye out. thanks, christine. >> you're welcome. >> coming up on "new day," new details on the deadly train derailment. we now know the train was going way too fast. the question is why? details next. paramedics remove a passenger who may have turburculosis from a plane. burc. hey wayne, quick question... did you try restarting it? no, not that. i was thinking about getting a tablet as a gift... verizon has tablets. they got a lot of them? accessing brain information... yes, they have a lot to choose from. did you really just... and now you can get $100 off any tablet. thanks, wayne. save like never before on any tablet at verizon now.

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it's premature to blame anyone or anything right now. >> fatal turn. the new york train that derailed was going close to three times the speed limit. did the brakes fail or something else? deadly shark attack off the coast of hawaii, the 13th attack this year, three times the norm. what's behind it? the surprising lawsuit that may upend how we treat animals. should a chimp have the same rights as humans? your "new day" continues right now. good morning. welcome back to "new day."

more details about that deadly train derailment in new york. cnn's rene marsh joins us with the very latest on the investigation. >> the focus today was speed. why was this train moving so dangerously fast? this morning, questions for a man who may have some answers. ntsb investigators continue to question william rockefeller for a second day in hopes of finding out why this train was going so fast. >> the train was traveling at approximately 82 miles an hour as it went into a 30-mile-an-hour curve. >> reporter: that's nearly three times the speed limit for this curving stretch of track. the train speed is even higher than the maximum speed of 70 miles per hour in the straightaway north of the crash site, deepening the mystery?

the ntsb says the train insplikably went from 60 to 82 miles per hour in two minutes before hitting the curve and jumping the tracks. >> for a train to be going 82 miles an hour around that curve is just a frightening thought. >> reporter: mechanical problem or human error? it's still too early to tell. investigators say the train made nine stops before jumping the tracks and there were no reports of brake problems. according to a law enforcement official, rockefeller said he tried to brake but the train didn't stop. the 20-year railroad veteran appeared coherent, another official said. results of drug and alcohol tests are not yet known. the ntsb will also look at whether fatigue was a factor. >> we will be developing what we call a 72-hour timeline so we have a good understanding of what sort of activities preceded this accident. >> reporter: sources tell cnn

rockefeller's phone records have been subpoenaed, but based on a preliminary review it's not believed the engineer was on his phone at the time of the redetailment that killed four. among them, jim lovell, who was commuting to work sunday morning. >> my dad was not a victim. he was a loving father, great dad, best friend, uncle. i am so proud and blessed that i was able to call him my father. >> reporter: all right. not only was this train going too fast but power to the engine wasn't cut and brakes weren't applied until seconds before the train came to a stop far too late and the ntsb says there's no indication that the brakes were tampered with. in addition to rockefeller, the rest of the train crew will be interviewed and we now know this morning the bronx d.a.'s office is now involved in the investigation. if any criminal charges are brought it will likely be done by the bronx d.a. back to you, chris. >> thanks for the reporting this morning. we appreciate it.

we're going to go to tokyo now where vice president biden is visiting after china -- the u.s. is bound by treaty to defend japan. barbara starr is live at the pentagon with more. what's the latest? >> reporter: good morning, chris. biden is in tokyo. the whole trip to asia was really supposed to focus on trade and the economy. now the focus? the chinese military. vice president joe biden with one eye toward a possible 2016 bid is getting the chance to flex his international muscle power in asia. >> the united states has an interest in the lowering of tensions in this vital region, as i believe all the countries in northeast asia share that same interest with us. >> reporter: biden in crisis manager mode arrived in tokyo as the region confronts a power

grab by beijing. china declared it now controls a vast portion of the air space over the east china sea and remote islands that both china and japan claim. biden will bluntly ask the chinese leaders their military intentions when they stop in china next. >> we, the united states, are deeply concerned by the attempt to unilaterally change the status quo in east china sea. this action has raised regional tensions and increased the risk of accidents and miscalculation. >> reporter: china is demanding aircraft flying through the zone file flight plans and maintain radio contact. while some u.s. commercial liners are complying, u.s. military aircraft will not. and the obama administration is making clear it rejects china's declaration of the air defense identification zone. >> this in no way indicates u.s.

government's acceptance of ch a china's compliance. >> reporter: can carry torpedos and mines. the u.s. clearly wants this restriction zone rolled back. they're not saying that openly but that's what they want. they also want to make sure that china doesn't establish more air space restrictions in areas, especially that the u.s. considers international air space. michaela? >> barbara, we'll keep an eye on that with you. thank you so much for that. let's look at the other headlines. breaking news that we have been following, local media reporting firefighters have a huge eight-alarm fire in boston under control, fast-moving fire engulfing a five-story brick building in boston. crews were able to get it under control in about an hour. that building was under

renovation. everyone inside was able to escape safely. a public health alert this morning. hong kong reporting its first human case of the h7n9 strain of bird flu. made the move from bird to humans earlier this year in china and left more than 40 people dead. hong kong patient reportedly visited china last month and had contact with poultry there. she is in hospital in critical condition. hong kong has suspended imports of live poultry from three chinese farms. 911 calls made as the sandy hook massacre unfolded will be released tomorrow. police in newtown, connecticut, said calls lasting 25 minutes will be made public, state officials deciding not to appeal a court ruling last week to release the calls. as you'll recall, 20 children and six educators were shot and killed in that rampage almost one year ago. an american sentenced to 15 years in a cuban prison makes a direct appeal to president obama. today, marking four years since

allen gross was arrested for bringing banned communications equipment into china as part of a state department program to increase internet access. now in a letter to the president, gross says he feels as though the government abandoned him and he believes only president obama's intervention can get him home. all right, kate, fascinating research. indra, pay attention. for the first time shows how different men and women's brains are. it's science, people. scientists scanned the brains of more than 900 young men and women and confirmed something that many of us ladies have suspected. our brains are hardwired to multitask. gentlemen, we love you. your brains are better at focusing on single, complex tasks. >> by fixing what women multitask on. >> left and right brains are much better connected. i'll say it again. left and right brains in women are much better connected. men have more intense activity in individual sections of the brain. i could make a -- i won't

actually. i'll just leave that because -- >> leave it. >> i have a bit of a naughty thought there. >> the brain doing too much at once? >> ooh. >> i think you are. >> that's exactly what it was. >> single simple tasks for men. i don't know where the complex -- that was a nice add. >> protect the classes. >> say one thing about you guys, it's like forget it. it's a three-week apology. >> i love this kate. she's like, zip it. >> someone's got to. >> let's talk about the weather again. notice the temperatures and the temperature change. talk about dallas, new orleans, st. louis, denver. dallas look at these 70s especially as we drop into saturday. that is what we call a temperature drop thanks to arctic air. this arctic air will be diving down into the south for a reason. look at this huge system, minneapolis all the way through reno, back through california.

we are talking about snow advisories today. winter storms out there thanks to the low spreading farther down to the south and the system continuing to make its way east. more cold air comes in behind it and, of course, more snow falls. one to two feet of snow in denver. great skiing in a lot of resorts now. already out there early season, which is great. backside of it, of course, is cold air. you're really dipping down, making a huge change for the second half of our workweek. we'll start to see the rain into the southeast. notice anywhere really from, it looks like -- yes, new york all the way through texas and freezing rain looks like illinois back through dallas. that's the concern. that's the problem we saw last week. talk about freezing rain and travel conditions being hampered. that's the big concern. overall, it's just a chill. adjusted to 55 and it's nice but then it drops again quickly. >> it's thicker skin working on

this show. that's what it is. >> no comment. >> thicker skin, as they all attack me about the size of my brain. coming up on "new day," though, it must be male brains at work at the white house. >> oh, my goodness. >> focused on a single complex topic, obama care. the big fix? a major pr push is planned for obama care that will show how the law helps fixed a truly troubled health care system. is a pr campaign the right fix at the right time? we'll discuss it. an update on a frightening health scare for passengers on a flight, on a plane to phoenix. how a man who may have tuberculosis was ever allowed to get on the flight. one. it's not the "limit the cash i earn every month" card. it's not the "i only earn decent rewards at the gas station" card. it's the no-games, no-signing up, everyday-rewarding, kung-fu-fighting, silver-lightning-in-a-bottle, bringing-home-the-bacon cash back card. this is the quicksilver card from capital one.

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welcome back to "new day." they've refreshed the website. now they're refocusing the message. a three-week campaign, you could call it today, to push the benefits of the affordable care act. a big pr push this afternoon at the white house. senior white house correspondent brianna keilar is there, as as you, at the white house. what are they saying now, brianna? >> reporter: the president wants to focus on the affordable care act instead of the website. of course, there is still attention on the website. especially because one of the expectations that the administration put out for the 50,000 people could be using it at any given time isn't actually where the website is.

it was supposed to be 50,000 yesterday. we understand that in between about 30,000 and 40,000, that's actually when the website started pushing some people out of the queue, i guess you could say, making it unavailable to them. it's still a work in progress, something that the white house is acknowledging. >> i think that we're not done with the work that needs to be done on that website, but we have, i think, passed an important milestone when it comes to making it work effectively for the vast majority of users. >> reporter: it is working, no doubt, but insurers are saying they're still having a number of issues and so they're worried that they think people who think they are enrolled in insurance ultimately aren't. this is really an important time. this is an anticipated heavy period for the website because a lot of folks are going to be trying to sign up. they want insurance or need insurance to be effective as of january 1st.

so, this is a big month for that as the president pushes, beginning this afternoon, to try to create awareness around this program now that the website is working a little better. >> all right. appreciate the reporting this morning. we'll be watching the numbers, just like everybody else. you heard about this one, the scare in the air? you leave a plane, what you hear from this crew is bye-bye. instead you hear them say a fellow passenger had tb and you should get tested right away. that's exactly what happened aboard a us airways flight from boston to phoenix. what was the main cause of this, casey? >> reporter: well, the main cause of this, chris, is the fact that by the time this passenger's doctor notified health authorities that he possibly had contracted tuberculosis and by the time those health authorities notified the tsa, that passenger was already on an airplane. needless to say, other

passengers at this point are very worried. for dean davidson, a routine flight from austin, texas, to phoenix saturday is now a waiting game after potentially being exposed to tuberculosis on the plane. once his us airways flight landed, the pilot announced there was a health emergency on board and the airline was preparing a gate to accommodate a sick passenger. >> while this was occurring, a flight attendant approached us with a mask in her hands, you cover your nose with. she approached a man, about mid cabin, to my left, a window seat, a very slightly built man and told him to put the mask on. >> reporter: as emergency personnel waited at the gate, the passenger was escorted off the plane. >> immediately a fireman came aboard and said a person on a no-fly list had somehow managed to get aboard. this person had tuberculosis,

that we had been exposed during the entire course of the flight, that we needed to consult with our physicians immediately and be tested in three months. >> reporter: the centers for disease control and county officials in arizona and texas say the man was put on the no-fly list while his flight was in the air, after his doctor notified authorities that he was suspected of having tb. they're still waiting for definitive test results and say even if the passenger has tb, there's little risk to other passengers, because the flight was short and reportedly he was not coughing. still, davidson says he's frustrated and worried by what he calls a lack of information from health officials and us airways. >> the maricopa county health department is saying they're not representing that anybody needs to get tested. >> reporter: really? >> does that surprise you? >> reporter: it really surprises me. this is the first i've heard of thi

this. >> reporter: he flew to europe, then canada, despite the fact that he had been diagnosed with an even more dangerous drug resistant strain of tb. now in this case, health officials in phoenix say they're actually more worried that someone on that flight may have contracted the flu as compared to the relatively small chance that anyone caught tb on that flight. chris and kate? >> casey, thank you very much. coming up next on "new day," new video showing the moments the car carrying actor paul walker crashed. police say they were not drag racing. so what, then, caused the fatal accident? forget about the waiter. talk to the tablet. one popular restaurant chain has a plan that could change your dining experience forever, but it could cost a lot of people big. we'll tell you about it. farmer: hello, i'm an idaho potato farmer.

and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what? congestion, for the smog. but there are a lot of people that do ride the bus. and now that the buses are running on natural gas, they don't throw out as much pollution into the air. so i feel good. i feel like i'm doing my part to help out the environment.

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welcome back to "new day." it's tuesday, november 3rd. november 3rd. i wish. december 3rd. are you the same as a chimpanzee? it is not a joke. should chimpanzees have the same rights as humans? we will find all about it. the idea of being obese and healthy, made quite a stir, is that idea a myth? a new study may have debunked it. we'll be talking about it. right now it is time for the five things you need to know for

your "new day." number one, the train that derailed in the bronx was going 82 miles an hour at the time of the accident. investigators are looking at whether the failure to slow down in time was mechanical or human failure. china and japan are in the middle of a seething dispute over the east china sea. federal judge expected to rule on whether to allow the largest municipal bankruptcy filing in u.s. history, the city of detroit, is facing an estimated $18 billion in debt. >> and at number five, the capital christmas tree will be lit in washington, d.c. tonight. that tree will feature approximately 5,000 handcrafted ornaments. it is an 88-foot spruce and will be lit each night through january 1st. we always update those five

things to know. go to cnn.com for the very latest. indra is here with what you need to know about your five-day forecast. >> i need to be quick on this. i don't know if i'm that quick. extra clouds, little light rain, similar to what you saw yesterday. big deal out in the pacific northwest. that big storm. we'll get to that. let's start with where it's actually nice. we talked about the south. 62 in atlanta today, tomorrow actually gets better. 70s will be out there. notice the difference. chicago gets warmer by wednesday and then it dips down, a good 20 degrees. let's talk about that story. we know where we have to go to do that, out west. we have that big system again, huge snow maker, out there in minnesota today, getting some good snow. colorado starting to get some of that heavier snow farther south. again, let's talk about the system, where it's going, dipping farther to the south and moving east. but here is the key.

as it does so, so does the cold air. it dives down right with it. we are calling this an arctic blast t literally has that frigid factor. it is so chilly, these temperatures, that we'll start to see not only snow but also keep in mind the dangerous side of this, looking for the chances of that wintry mix and freezing rain potential will be out there. illinois, back through texas, right around dallas. we had that similar threat just a week ago. also in the southeast for now, it looks like we will be seeing just rain in that region. snow going anywhere from, it looks like, new york back through that panhandle of texas. that's the big story. for the rest of us, just enjoy the temperatures now. check out new orleans. look at those 70s. denver, and look at the drop, good 30 if not 40-degree mark. and that is 40 degrees below normal, michaela. that is an ouch factor. >> it is. we'll keep you warm in here. i promise. >> thank you. >> indra petersons, thank you

very much. newly released surveillance video shows the very moment when paul walker's porsche crashed. he and his friend were killed monday. police say they were not involved in an illegal street race when they crashed. what exactly happened in those final moments? let's bring in mr. jeff burke. thank you for joining us mr. burke. we appreciate you being here on cnn. >> thank you, michaela. glad to be here. >> we just mentioned county officials ruled out the presence of a second car and drag racing. what happens not been ruled out is speed. can you give us any indications of what you think may have happened in those final moments? >> without being there, that's a real stretch. obviously, something went wrong. and my guess would be that something mechanical went wrong.

i mean, we're talking about two very experienced drivers in a very well prepared race car. so, something must have happened mechanically. but that's a guess on my part. >> let's talk about the car and the mechanics of it. we know that this car -- we're told it's a notoriously hard car to handle. tell us about some of the other characteristics of the car that make it different from the regular car that you and i may drive as our daily driver. >> well, for one thing, it's got a really high horsepower engine. it has probably a six-speed transmission, 14, 16-inch wide tires. it's not designed to drive on the street. it's designed to drive at speed in a controlled climate on a racetrack. so, you know, it would just be a handful for anybody to drive on the street. >> another thing is the gas tank is in the front. do you think that may have played into the explosion here? >> i would have to say that's probably true, if the gas tank

is in the front. you impact a tree at a high rate of speed, bad things are going to happen. >> you're a racer yourself. >> uh-huh. >> you are a fan and supporter of closed circuit racing, drag racing in a closed circuit, not out on the open road where it's illegal. >> correct. >> tell us what your gut is. i know you have a gut feeling about what went on here. >> as i said, i really believe that those guys were probably out testing that car after they had done some work on it. from what i have read and listened to, the guy's shop was right there. they probably just took it out to, you know -- to test something they had worked on that day. and something bad happened. but understand, race cars inherently are dangerous. that is just a fact of life. it's not anything that you could do that's predictable. and so those guys just -- you know, it was probably -- to use an old saw, that was probably

the perfect storm. something happened. something broke. you can't really ask me to give you an idea and that because i simply wasn't there. >> no, i understand that. and i appreciate that. >> but anyway, you know, it's obvious, something went really wrong. and you guys have a lot of video of it happening now so you probably know more than i do on that. the thing that i think people need to understand is that drag racing, per se, is something that's done at a sanctioning body like ihra or the american drag racing league and it's done at tracks like gateway international out here on st. louis. on a wednesday night, they have a program that for $10 anybody can bring their street car off the street and do what they want to do. the issue we have now is that so many young people, the "fast & furious" movies are about street racing. they emulate that.

that's what the program was, they took a race car, designed to be on a racetrack on to a city street. >> jeff burk, this is a great opportunity to remind folks if they have a little lead in their foot to take it to one of those circuits. there are those places where you can race those cars legally. drag racing organizations like the ones you're in and talk about in your magazine. big thank you to jeff burk for giving us a little insight into that vehicle that was involved in the crash. thanks for your time. >> thanks for having me. appreciate it very much. >> kate, chris? coming up, chimps are people, too. that's what one group is telling a court in new york state. we'll have the details on this very unusual lawsuit straight ahead. seahawks fans are known for getting loud but wait till you hear how loud they got. every day we're working to be an even better company -

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♪ are we human or are we dancers ♪ >> are we human or are we dancers? >> both. >> of course, both. a new lawsuit filed on behalf of chimpanzees living as pets in the state. the suit calls for chimps to have legal status and release them from captivity. look at the picture behind him, look at the picture of him. you see the similarities. maybe there is bias. >> john? john, do not --

>> that is a handsome chimp. i appreciate that. i appreciate that. in some ways, this is a classic habeus corpus case. classic except for the fact that it involves a chimp here, 26-year-old chimpanzee named tommy. he is at the center of the lawsuit. they say based on scientific evidence, chimpanzees are proven to be very self aware and they want chimps, some at least, in captivity to be released. it may seem like an unusual statement, that an animal should be recognized in some ways as a person. >> they understand they have choices they can make in how they want to live their lives. >> reporter: founded the nonhuman rights project, a group that says based on scientific evidence that chimps deserve some of the same rights as humans. >> we want to show that the chimpanzees also have autonomy.

and that means that they can choose to live their lives in the way that they want, similar to the way that we can choose to live our lives the way we want. >> reporter: in a landmark lawsuit filed in new york supreme court, they want civil liberties for chimps held in captivity. >> they're using a time-tested legal maneuver called habeus corpus, which essentially means free the body. it's been used throughout the years to free people from what's been considered an unjust incars nation. especially under the law, it doesn't have to be a human being. >> reporter: it was brought on behalf of four chimpanzees being held in the state of new york. one of the chimps is 26-year-old tommy, who lives caged on his owner's property. >> no chimpanzee should live the way tommy lives. he is essentially in a chimpanzee solitary confinement, jail. all he can see is one bleak day

after another in front of him, just the way we would if we were in solitary confinement. >> reporter: cnn reached out to tommy's owners but have received no response. the 91-page memory dumb filed by the nhrp refers to tommy as a person illegally imprisoned, demanding he and the others be relocated to sanctuaries and says this court must recognize that tommy is a common law person, entitled to the common law right of bodily liberty. >> we intend to file a wide variety of cases in which we argue again and again that a certain -- nonhuman animals, at least, such as tommy, that they are so autonomus that they should no longer be seen as things without human rights. >> reporter: we've only heard back from one out of stoneybrook university where they have two chimps living at the research

center. they said they have not seen any legal papers and, therefore, is unable to comment on the referenced lawsuit. >> why isn't this just an animal welfare case? >> they're obviously very different. they're saying they have certain rights. it's a complicated documented case in this matter that hasn't been thrown out yet. >> supreme court, legitimate trial. good news here, the policy involve sd the right one, which is trying to get animals better protection rights because usually it takes too much -- too long, there's too much abuse before something happen. >> they're not arguing that they're human beings but should have human rights. >> i have been called often vanilla gorilla. >> it was not by me, btw. i was giving you an opportunity to change the image behind the fellows over there. now we're going to talk about something entirely different. ah, well done.

are waiters being replaced by technology? applebee's, the nation's largest casual dining chain, has plans to have tablets in their restaurants to use appetizers, drinks, desserts, play video games. let's talk about it with our tech guy, mr. larson and john berman is here as well. >> i actually see this being -- >> drones. >> use those amazon drones. fly over and drop the food at your table. >> they'll have drones deliver food to the table. >> i don't know that i want to eat at that -- it will be cheaper than anyplace else. we're seeing these pop up a lot in airports, in terminals. it speeds up, reduces the need for people. it reduces errors. if you're sitting down, you have

20 minutes to catch a flight, they can bring you a cheeseburger in ten minutes and know where you're sitting. i see this being good in terms of speeding things up. i don't see it as replacing the waiter. >> is there evidence it's being used? >> yes. >> i've seen them being used in airports. >> i've always seen them in airports. this is new we'll see them in an actual restaurant and restaurant chain. they have test marketed them in over 1,000 applebee's. what they've found -- >> that's what i wonder. do people like it? >> they're ordering more appetizers and more desserts. >> because of the picture menu. >> i want the bloomin' onion and you know the waiter is like, okay. and the tablet doesn't judge you. it's not like it raises its eyebrow when you say i would like the 2,500 calorie chocolate cake. >> you don't get any feedback about what it is and when you need other stuff, oh, i need salt. >> when you order off the menu

yomenus at applebee's -- >> if you want dressing on the side. >> is there buzz in the tech community, are they saying yea, yea, yea or what are you hearing? >> this solidifies the tablet in the tech world. tablets really struggled to find their place. then we had the ipad and all these android tablets. we're seeing them pop up in more and more cases. the backseat of a cab, because why your a cap active audience. >> way easier to pay. >> that's the other benefit. >> swipe. >> they'll have the credit card swipe on the top. so when you're done -- >> that's one of the best parts in the airport. >> in the dining experience, though -- >> some of the restaurant that is you frequent will keep their -- >> golden arches over here. what are you saying? >> my favorite restaurant has never had waiters as far as i

know. >> what is that? >> mcdonald's. in some ways -- >> i could see mcdonald's do something like this. it would speed up the process completely. i want this, this, this. swipe and go. as they put credit card machines at gas stations, an increase in credit card fraud because now there's no one to look at you. there's no one to take your i.d. we're good. let's go. >> we had a two-fer today, larson and john berman. >> late thanksgivukkah present. country music star dirk bentley is giving back, helping to change the lives of sick children and their families. here's how. ♪ i hold on >> with a stack of grammy nominations it's hard to deny dirks bentley's status as a

superstar. in spite of all the fame, bentley stays grounded. >> it's never a question how can you give back, what can you do? so many people in our country are suffer iing with food, work health care and all that. what can you do to give back. >> several years ago he created an annual event called miles and music for kids. >> combination of motorcycles and country music all to raise money for the children's hospital. >> bentley and some of his friends lead a pack of thousands on an hour-long motorcycle ride that ends in nashville for a star-studded concert. he has taken his show on the road to benefit other children's hospitals. >> you see these kids, these families. last thing you want them to worry about is paying for t i've had three kids since starting this. you never know when you could be in someone else's shoes and need the assistance of a medical staff and team.

>> you can help, too. go to cnn.com/impact. coming up next on "new day" do you remember research that said you could be obese and healthy at the same time? a new study says there's no such thing. we're talking to a doctor about it next. people don't have to think about

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fans of the football game between the seattle seahawks and the -- had fans jumping up and down, going ballistic. it actually registered an actual earthquake. i can't believe this. the university of washington actually has a sieismometer. if you actually look a little closer -- let me draw on it for a second, you can see that it actual actually, right in here, it goes between one and two on the magnitude level, one and two

magnitude was registered, which is actually earthquake. if you had an earthquake of 2.0 magnitude earthquake, people wouldn't really feel it. the fact is that this was man made, the rauckus was man made. >> it's just a question. i wonder if they actually had a level two magnitude earthquake. >> just at the right moment. >> just a question. >> those are some fans. >> anti-fan, pro earthquake. >> you're pro earthquake. >> just throwing it out. new information is coming out this morning, shattering the belief that you can be obese and healthy at the same time. comprehensive study says while some obese people may be healthy now, in ten years, those same folks will have an increased risk of heart attack and death. dr. natalie azar, clinical assistant professor at nyu medical center is joining us now to talk more about this. so when we were talking about the first new study, this

concept that if you're metabolically healthy, you can be obese and hilt at the same time. now a new study saying that is simply not the case. what is your take? >> first it's important to just put this in some boxes here. let's go through the definitions. for bmi, which by the way is not really a measurement of obesity, per se. it has nothing to do with your percentage of body fat. it is merely a calculation that's taking your height and your weight and giving us an idea of what your ideal weight would be based on your height. the other thing we want to talk about is what are we talking about metabolically healthy or unhealthy? what is that concept? that concept is basically going over four different things. it has to do with your blood pressure, sugar levels, lipid profile and something incredibly important, which is something called your waist circumference. people that have extra visceral fat are at higher risk for cardiovascular disease. over the last ten years or so, a

few studies have suggested that if you are normal or overweight based on your bmi that you're not at an increased risk of cardiovascular disease. hence this myth of being obese and healthy. what this study was aiming to do was not necessarily to debunk that but say what is it about the bmi? is there something more specific? >> more nuance to it? >> more nuance to it. eight study that is fulfilled the inclusion criteria and they classified people into six different groups based on normal weight, overweight or obese and whether they were metabolically healthy or metabolically unhealthy. the major finding from the study is that people who are currently metabolically healthy, sugar, blood pressure and everything is okay, but they are obese based on the bmi had a higher risk after ten years of cardiovascular events. and therein, i think, is the key point here. this isn't something that we're going to say, look, you're okay now. in three or four years, you're

still okay probably. it's that cumulative risk. what they found was across all the different pheno types, as your bmi increases, these trends were also changing. insulin resistance was going on, blood pressure was going up, hdl was going down and waist circumference was going up. if you are currently walking around and you think that you can be slightly overweight and healthy that maybe in time this will catch up with you. this study, by the way, is not about the bmi. the bmi is an historically controversial number. >> it's an important message. >> it is. it's the best way we have, the most standardized number we can all agree upon for study purposes, et cetera. >> bmi itself can be very deceptive, right? >> very deceptive. if you take a large person versus a smaller person, the larger person just by bone

structure and height will have a bmi. >> it ended up impacting my life insurance. my bmi is too high. they're like, you have to be 197 something pounds. i'm 6'2" and i was over by 30 pounds. >> it is absolutely fraught with imperfections and misconception. >> you have to look deeper is what the study tells us? >> absolutely. >> what is the take-home message? >> it has much less to do with your absolute weight. it has to do with this thing called the metabolic syndrome, blood pressure, lipid profile, sugar and your waist circuference. most predictive of cardiovascular events. >> we have to remember the same rules about how we treat ourselves and our health in those major levels? >> absolutely. >> dr. natalie azar, thanks for coming in. >> thank you for having me zblsk. piers morgan live will be

joined with trainers who have tips on how to fight the holiday fat. that will be interesting. thanksgiving feast stolen at gun point. what he got instead was a great big dose of the good stuff. we'll tell you about it. ♪ ♪ by the end of december, we'll be delivering ♪ ♪ through 12 blizzards blowing ♪ 8 front yards blinding ♪ 6 snowballs flying ♪ 5 packages addressed by toddlers ♪ ♪ that's a q ♪ 4 lightning bolts ♪ 3 creepy gnomes ♪ 2 angry geese ♪ and a giant blow-up snowman ♪ that kind of freaks me out [ beep ] [ female announcer ] no one delivers the holidays like the u.s. postal service. priority mail flat rate is more reliable than ever.

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[ female announcer ] just about anywhere you use sugar, you can use splenda® no calorie sweetener. splenda® lets you experience the joy of sugar without all the calories. think sugar, say splenda™ welcome back. time for the good stuff. it is the grinch who stole thanksgiving. >> no. >> yes. bridgeport, connecticut, man walking to his friend's house, has all the fixings, but gets held up. >> i was just robbed at gunpoint

right there. >> you were robbed ? >> walking to a friend of mine's house for thanksgiving. >> just now? >> just now. he took my turkey. >> he took your turkey? >> yeah, they took my turkey. >> now the dispatcher admits she thought it might have been a prank. can't blame her. that was only at first. the police quickly confirmed it was not a prank. guy's holiday was ruined, right? definitely the bad stuff. what about that dispatcher? what about what she did, though? that is the good stuff. >> she felt bad and talked to all the peers in the room and everybody contributed and they ended up ordering turkey dinners from the boston market. >> honking the horn and i come downstairs thinking he found the two suspects and got my turkey. he gets out of his patrol dinner with two boston market dinners for me and my friend. >> i was really thankful for that. >> what a lovely gesture. >> protect and serve, right? beautiful reminder of how our public servants can do the right thing in a moment of need.

that's why it's the good stuff. >> that's right. big story today, of course, is the train derailment. we have continuing coverage on cnn. let's get right to carol costello. carol? >> you got that right. "cnn newsroom" starts right now. an 82-mile-an-hour disaster. >> when i heard about the speed, i gulped. >> the bronx train derailment, no questions and new details developing right now about the engineer, reports he zoned out. his phone records seized. drug and alcohol tests under review. >> we will be developing what we call a 72-hour time line so that we have a good understanding of what sort of activities preceded this accident. also, moment of impact. >> we have